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Example, a response of this nature may cause a firm that focuses on regulatory or

transactional work - confident of its attorneys' analytical, research, and writing abilities

- to decide that it is competent to begin litigation practice. Such a firm is not likely to

Appreciate the nuances of the practice area, the importance of being familiar with how the

Court systems work, and the in-depth knowledge required of the procedural and

Evidentiary rules.

C A second reaction to a weakened economy that results in fewer new clients is to keep

Existing clients when prudence and objectivity counsel withdrawal from a case. Another

Option is to become less discriminating when accepting clients. But feeling the effects of

A weakened economy should not cause a firm to panic and resort to accepting clients

Indiscriminately. On the contrary, a firm needs to remain vigilant and adhere to its

Established client selection process. Likewise, if ethical or practical concerns dictate that

A firm should no longer act for a client, the firm should not allow the amount of revenue

It receives from the client to cloud its judgment.

D Failure to maintain rigorous standards for client selection can jeopardize an attorney's

Reputation, increase stress and decrease morale within the firm, and ultimately have a

Negative impact on the firm, rather than provide the remuneration the firm envisioned in

Entering into a relationship with an improperly screened client. If a firm has to assign

Lawyers to represent it in charges of malpractice, or has to retain outside counsel for that

Purpose, its bottom line is being adversely affected. Potentially, these lawyers will have

To spend several hours each day documenting every detail of every conversation with inhouse

Counsel, and a substantial amount of time apprising management of evolving issues

And discussing how to resolve them.

ILECpractice test

E

Part 5

Questions 43-48

Read the following extract from a letter of advice from a lawyer to a client.

Choose the best sentence from the opposite page to fill each of the gaps.

For each question 43-48, mark one letter (A-H) on your answer sheet.

Do not use any letter more than once.

There is one extra sentence which you do not need to use.

There is an example at the beginning (0).

You have requested advice regarding your legal position in a suit filed against you by

Jermain Equipment Co. (the "Claimant") related to an equipment rental agreement. You

Have been sued for damages based on an alleged breach of contract.

The statements expressed herein should not be construed in any way as conclusive or

Indicative of our future opinions and views. (0) ..

A summary of the facts as you have provided them are as follows. You are a shareholder in



Richardson (the "Company"). Some time in November, the Company's managing director

Entered into an equipment rental agreement with the Claimant. (43) You havebeen

Sued personally based on the allegation that the company was improperly formed.


Date: 2015-12-11; view: 769


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